ATKINS — The Southwest Atkins Water Users Association is seeking a declaratory judgment on the proper way to disburse funds left over when the association merged with the city.

When the association dissolved last month, it had around $350,000 to be disbursed to members. The association proposed disbursing the funds based on the age of the customer's meter. SAWUA former president Debbie Duvall and her husband, member Gary Duvall, opposed this plan.

"The Duvalls have vociferously opposed the directors' plan, have claimed that it is illegal, have demanded that the funds be otherwise distributed and have threatened suit to block the distribution," the Circuit Court documents stated.

Doyle Cook, SAWUA former treasurer, said the Duvalls want funds to be disbursed based on usage.

"There's no way we can do it the way they want it done," Cook said, adding it would require reviewing 29 years of records.

SAWUA members voted 238-12 in favor of a merger with the city, which was completed on May 30.

The request for a declaratory judgment, which was filed on June 5, was assigned to Pope County Circuit Judge Ken Coker Jr. A court date had not been set as of late Friday.